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(영문) 의정부지방법원 2020.01.10 2019노264
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable.

2. The fact that the Defendant, when making a judgment at the trial, shows the attitude of recognizing and opposing the crime of violating the Guarantee of Automobile Accident Compensation Act, and that the economic situation seems to be sufficiently unsatisfy, is favorable.

However, there is a history that the defendant has been punished several times due to traffic-related crimes, in particular, the defendant committed the crime of this case by driving the same freight vehicle in the same time even though he received a summary order of KRW 3 million due to the violation of the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act on September 29, 2016 from the Jungyang Branch Branch of the Incheon District Court on December 23, 2016.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and various sentencing conditions as indicated in the instant records and pleadings, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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